Law Commons^™

Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman

All Faculty Scholarship

With momentum toward national health reform, there is wide support for legislation to include an individual mandate that would require all Americans to carry health insurance. Discussion of the individual mandate has relied largely on whether the mandate will generate universal coverage as a gauge for success. This article challenges the notion that an individual mandate is successful if it leads to universal coverage, revealing a critical problem the individual mandate will face even if all Americans were to have health insurance. To uncover this problem, this article sets out a novel framework that disentangles the three different policy objectives …

Science Tools To Implement Ecosystem Based Management In Massachusetts (Draft), Mrag Americas, Incorporated, Massachusetts Ocean Partnership, Woods Hole Oceanographic Institute, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

In this report we provide a framework for implementing ecosystem based management (EBM) and suggest a range of science information tools and their appropriate application to the decision making process. These tools can be broadly classified as modeling tools, decision analysis tools, and indicators. Modeling tools allow the user to organize data, communicate scientific findings to management and stakeholder audiences, and test alternative management scenarios. When used unwisely, however, models can preclude options, present unusable scenarios, generate results in scales that differ from management needs, and impose huge time, data, and technical requirements (Manno et al., 2008). Decision analysis tools …

Slides: Unquenchable, Robert Glennon

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona

56 slides

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).

Lifelines For Elders Living On The Edge: How Elder Support Programs Compare To Living Costs. The Elder Economic Standard Index™ For Massachusetts, Laura Henze Russell

Gerontology Institute Publications

This report examines the array of federal and state support programs for elders in Massachusetts. It asks how well the lifelines - the support programs that have been set up to help low- and modest-income elders meet basic needs when costs exceed incomes – work in today’s economy. Which programs are serving elders well? Have they kept pace with inflation? Which lifelines are frayed, or about to rupture? Do seniors know about the programs, and use them when needed?

The Massachusetts Elder Economic Security Initiative, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

The Massachusetts Elder Econamic Security Initiative offers concrete tools to shape public policies and programs to promote the economic well-being of elders. The Initiative uses the Elder Economic Security Standard Index (Elder Index) to reveal the economic vulnerability of older adults on a county-by-county basis. The Elder Index will change the way we address the economic needs of Massachusetts' older adults.

Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in Massachusetts to age in place? How does it vary according to where they live, and their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults using the WOW-GI National Elder Economic Security Standard …

Research-Informed Models For Communicating The Value Of Court-Connected Alternative Dispute Resolution For Public Funding, Kevin Dye

Massachusetts Office of Public Collaboration Publications

The purpose of framing the research in the following models is to assist the court and its court-connected mediation programs in their ongoing dialogue with the funding decision-makers in addressing the question: Is state funding of community mediation centers and court ADR generally a worthwhile investment? As a means of setting forth components of an analytic framework, the following simplified financial models are offered to draw out salient aspects of the nature of the investment. The simplified models are employed primarily for the purpose of illustrating the investment in terms of classic financial models familiar to a budget analyst. These …

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides

Community Forests: A Perspective, Robert Mccullough

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

22 pages.

"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."

Weir River Estuary: Land Protection Plan, Chantal Lefebvre, Michelle Portman

Urban Harbors Institute Publications

If economic growth were the only measure of a community’s health and vitality, then the communities of Cohasset, Hingham, and Hull are fairing well. But this economic success is generally accompanied by changes in the physical landscape that can be unsettling for residents, especially when it means more development and expansion at the expense of culturally and socially important open space areas such as parks, woods, and marshes. The rapid pace and fragmented nature of such sprawling development gives communities little opportunity to come to terms with the long-term impacts, which in turn can lead to a sense of powerlessness …

When They Need Help The Most: Public Services For Immigrants, Miren Uriarte, Phillip Granberry

New England Journal of Public Policy

Ending unauthorized immigration is at the heart of current federal initiatives in both immigration and social policy. The intertwining of these two areas of policy is nowhere clearer than in the 1996 passage of both the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), better known as Welfare Reform, and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Immigration status became a key point of differentiation in access to public benefits as cutbacks were instituted with the stated goal of curtailing undocumented immigration. The denial of public benefits to limit unauthorized immigration has a disproportionate impact on those groups …

Massworks: Massachusetts Launches The Disability Program Navigator Initiative, Institute For Community Inclusion, University Of Massachusetts Boston

MassWorks Series, Institute for Community Inclusion

Welcome to MassWorks, our initiative for disability, workforce development, and employment professionals in Massachusetts. All too often, it seems, we work towards the same goals from different sides. With the many day-to day demands of our jobs, it's easy to miss opportunities to share ideas and resources across agencies. The aim of MassWorks is to bring information to workforce and disability professionals who have the goal of improving employment outcomes for Mass. residents with disabilities.

Rockport Municipal Harbor Plan: Issues, Goals And Policies, Rockport Harbor Planning Committee, Town Of Rockport, Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This first phase of the plan for Rockport and its four (4) major harbor areas was developed to ensure growth, prosperity, and preservation of Rockport’s important resources through responsible and reasonable future use and management of the harbors and their shorelines.

The Plan has been prepared by the Town of Rockport to identify existing problems and to establish consensus about the character and quality of the harbors in the future. The Plan responds to a specific list of issues raised by the Harbor Planning Committee in a participatory planning process.

The Harbor Planning Committee is an ad hoc committee of …

Who's In Charge? Appointments Of Latinos To Policymaking Offices And Boards In Massachusetts, Carol Hardy-Fanta

Gastón Institute Publications

As the Latino population in Massachusetts continues to grow, there has been a corresponding increase in the number of Latinos achieving elected office throughout the state. Twenty years ago there was only one Latino serving in elected office in Massachusetts—Nelson Merced. In 1995, there were only four elected officials who were Latino and no state representatives. Today, through the hard work of candidates, activists, and Latino community activists and organizations, there are three Latinos serving as state legislators, fourteen holding municipal office, and an increasing number of campaigns at all levels of municipal and state government being conducted.

While this …

A Preliminary Survey Of The Sewage Pumpout Facilities In The No Discharge Areas Of Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This survey provides a preliminary review of the activities of pumpout facilities in the No Discharge Areas of Massachusetts. It highlights areas of concern, identifies potential improvements and focuses further research.

Based on data from Massachusetts Coastal Zone Management, there are 100 pumpout facilities in Massachusetts, located in 56 towns. Of these 52, have one or more pumpout boats. Due to financial limitations and the time available, any attempt to survey all these facilities was beyond the scope of this study. However, it had been suggested that from CZM’s, DMF’s and EPA’s standpoint, the areas of greatest interest were those …

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison

Research to Practice Series, Institute for Community Inclusion

Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.

Harbor Plan For The Town Of Provincetown, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

Provincetown Harbor is an attractive focus of activity for the entire community which surrounds it. The Harbor area is a complex place that requires public attention to ensure appropriate use and a clean environment. The Provincetown Harbor Plan establishes practical steps to meet these goals. This Plan values the present character and activities within the Harbor area. Rather than seeking dramatic changes, the objective of the Plan is to enhance the Harbor through better management and by accomplishing a list of coordinated improvements.

The Plan envisions a future Provincetown Harbor with substantially greater access and a more pleasant character along …

Managing The Central Artery/Tunnel Project: An Exploration Of Potential Cost Savings, Allan K. Sloan

John M. McCormack Graduate School of Policy and Global Studies Publications

The John W. McCormack Institute of Public Affairs at the University of Massachusetts Boston is an institution whose primary mission is public service. Through public policy research, educational programs, policy practice and the dissemination ofknowledge, the Institute seeks to have a constructive impact on policy formulation, problem solving and public discourse concerning urgent civic challenges facing state and local government in the New England region.

In 1996, under Chapter 205 of the 1996 Acts and Resolves, the Massachusetts legislature authorized the Institute to undertake a study *to review and explore possible cost savings within the Central Artery/Third Harbor Tunnel project" …

Shelter Poverty: Housing Affordability Among Asian Americans, Michael E. Stone

Institute for Asian American Studies Publications

Relatively little research has been conducted that focuses on the housing situation of Asian and Pacific Islander Americans (hereafter generally referred to as Asian Americans), especially on the national level. From a review of about 30 articles and reports over the past decade that examine racial/ethnic housing situations nationally, only one specifically addressed housing problems of Asian Americans (Hansen, 1986) while two others included Asian Americans along with other populations of color. Of the remaining articles, most used the terms race, racial discrimination, or segregation in their titles, yet did not include Asian Americans in the studies. Of particular note, …

The Repeal Of Rent Control In Cambridge, Robert P. Moncreiff

New England Journal of Public Policy

In the November 8, 1994, state election, Massachusetts voters approved a question placed on the ballot by initiative petition passing a law that effectively outlawed rent control throughout the commonwealth. This law had its most dramatic effect in Cambridge, where a stringent rent control system had been in effect since 1970. The success of the petition was realized primarily through the grassroots efforts of a coalition of small-property owners in Cambridge who felt aggrieved by the city's rent control system. The use of a statewide vote on an initiative petition to enact a law with predominantly local effect created for …

Fiscal Smell Tests: A Mid-Term Reality Check Of Massachusetts Finances, Joseph S. Slavet, Joseph R. Barresi

John M. McCormack Graduate School of Policy and Global Studies Publications

In his latest budget message the Governor points to achievement of a "real, but fragile fiscal balance. " On the credit side of the ledger, he cites four balanced budgets, reduced reliance on one-time revenues, no new taxes, five tax cuts, no deficit borrowing, and a triple upgrade in bond rating. On the debit side are continued spending pressures, slow tax revenue growth and burdensome levels of debt.

But is the fiscal condition of the Commonwealth stable, albeit fragile? Or would a careful reading of the numbers transmit another message?

The purpose of this report is to measure the Commonwealth's …

The Older Population In Massachusetts, 1980-1990, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

Massachusetts and the nation are aging! People 65 and older are growing in numbers more rapidly than other younger segments of the population, and the unprecedented growth of this group has created new demands on and new opportunities for every major sector of American life. But if we are to make constructive plans for an aging society, we must have sound information on the major changes in the make-up of the population.

This report shows how the older populations in Massachusetts and in the United States have changed in the decade between 1980 and 1990. It is designed to serve …

The Impact Of The State Constitutional Convention Of 1917 On State Aid To Higher Education In Massachusetts, John P. Whittaker

New England Journal of Public Policy

The Massachusetts State Constitutional Convention of 1917 marked a turning point in the development of higher education in the state. An amendment adopted at the convention put an end to a long tradition of direct state appropriations to support the development of private colleges and to proposals for cooperative efforts between various state agencies and private institutions. After that time, only state institutions would receive state support. This decision resulted from an attempt to resolve an intense debate over the use of public funding for sectarian and other private institutions, which reflected the intense religious and class conflict inherent in …

Social Investment In Massachusetts Public Higher Education: A Comparative Analysis, Clyde W. Barrow

New England Journal of Public Policy

State expenditures on public higher education are increasingly viewed as a social investment that is necessary to sustain economic growth in a postindustrial economy. However, an analysis of comparative data indicates that state support for such education was below national averages during the 1980s and, when compared to its major competitor states, Massachusetts ranks poorly in support for these institutions. This article concludes that unless state support is increased over the next decade, Massachusetts will risk losing its competitive economic position, while educational administrators will be forced to choose between access or quality in public higher education.

After The Revolt: A Framework For Fiscal Recovery, Joseph S. Slavet, Raymond G. Torto

John M. McCormack Graduate School of Policy and Global Studies Publications

Despite the injection of new taxes in the amount of $1 .2 billion in fiscal 1991, and recently announced cuts in the budget of approximately $464 million, the Commonwealth's fiscal condition - irrespective of the outcome of CLT's petition -is precarious. Although the political juices are flowing in Massachusetts, with an eye on November 6th, Massachusetts decision-makers have not faced up to the problems inherent in the long-term, structural spending patterns of the state's budget.

Our five-year budget projection indicates that if expenditure trends continue without dramatic restructuring - particularly in the "non-discretionary" accounts - the Commonwealth faces a steady …

After The Miracle: A History And Analysis Of The Massachusetts Fiscal Crisis: Being A Drama In Five Acts, With An Implied Invitation To The Reader To Participate In The Crafting Of The Final Act, Joseph S. Slavet, Raymond G. Torto, Edmund Beard, Louis C. Dinatale

John M. McCormack Graduate School of Policy and Global Studies Publications

"After the Miracle" documents the factors that have shaped the recent political debate in Massachusetts and are likely to determine continuing economic and fiscal conditions in Massachusetts in the near future. The paper indicates that 1990 may begin a decade of real limits for Massachusetts. The economy has stagnated and the next two years will be a period of deep economic uncertainty. It is also clear that a resurgence, like that of the boom period of the eighties, is unlikely to be replicated.

The 1980's was a period when state-local spending in Massachusetts, propelled by the infusion of double-digit tax …

Not By Numbers Alone: A New Decade For Women In The Law, Margaret H. Marshall

New England Journal of Public Policy

There has been a dramatic increase in both the percentage and the numbers of women who have entered the legal profession in the last fifteen years, but women have not penetrated its higher echelons — partnerships in law firms, general counsel of corporations, and chiefs of government bureaus — in the same percentage that those advances should be reflecting. While entry-level salaries may be equal for male and female attorneys, are women in the legal world discovering the same glass ceilings and barriers to entry at these top levels of economic empowerment that their corporate counterparts have experienced? The author …